ANIL KUMAR,J. - (1.) HEARD Sri H.S. Jain, learned counsel for the petitioner, Sri Pankaj Patel, learned Additional Chief Standing Counsel and Sri Rajneesh Kumar, Advocate, appearing on behalf of opposite party No.2. By means of the present writ petition, the petitioner prayed for a direction to U.P. Public Service Commission/ Opposite Party No.2 to scrutinize all the applications received against the Advertisement No. A-5/E-1/2010 dated 25.12.2010, thereafter only those candidates who possess the requisite academic qualification as per the terms of the advertisement may be allowed to appear in the written examination schedule to take place on 22.09.2013.
(2.) SRI H.S. Jain, learned counsel for the petitioners in order to press the above said relief submits that an advertisement has been issued by the opposite party No.2 for appointment on the post of Additional Private Secretary in U.P. Secretariat, in response to the same the petitioners and other candidates had submitted their applications. On 03.09.2013 a Notification/advertisement has been issued by the Competent Authority (copy of which is annexed as Annexure No.6 to the writ petition) calling the candidates for appearing in a written test of General Knowledge (in first session) and General Hindi (in second session) as per the tests and schedule mentioned therien. He further submits that the said exercise done by respondent No. 2 is illegal and arbitrary rather contrary to the terms as provided in Clause 5 of the Advertisement. The said clause has been reproduced in English in paragraph No.3 of the writ petition, quoted herein below:- "That in para 5 of the advertisement the Commission has declared that a candidate must have a minimum speed of eighty words per minute and twenty five words per minute in Hindi shorthand and Hindi typewriting respectively, and further that the candidate must possess the knowledge of compute in accordance with the course prescribed for Certificate Course in Computing (CCC) conducted by DOEACC society or the course conducted by the Board of High School and Intermediate Education, U.P. or a course recognized by the Government as equivalent thereto. It is relevant to point out that in the note appended to para-8 of the advertisement the Commission has clearly mentioned that a candidate must annex requisite certificates along with application from failing which his/her candidature will be rejected."
(3.) ACCORDINGLY , Sri H.S. Jain, learned counsel for the petitioner submits that a mandatory duty has been casted upon the opposite party No.2/ U.P. Public Service Commission as per Clause 5 of the advertisement to scrutinize all the forms received by it, in pursuance of the advertisement and only those candidates who possess the qualification/Certificate Course in Computing (CCC) conducted by DOEACC society or the course conducted by the Board of High School and Intermediate Education, U.P. or a course recognized by the Government as equivalent thereto may be called for written examination schedule to take place on 22 September.2013. As the said exercise has not been done in the present case, so the opposite party No. 2 may be directed to do the said exercise first, thereafter proceed to hold the written examination which is schedule to take place on 22.09.2013, as per the Rule 8 of the U.P. Secretariat Personal Assistant Service (First Amendment) Rules, 2005 read with Rule 15(3) of the Uttar Pradesh Secretariat Personal Assistant Service Rules, 2001;